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HomeMy WebLinkAbout3044ORDINANCE NO. )�LI AN ORDINANCE of the City of Kent, Washington, providing for the acquisition of an easement for parks and recreational purposes over certain property; providing for the payment thereof out of the City's Green River Trail Fund; and providing for the condemnation of such property rights as necessary therefor; said properties located within the limits of the City of Kent in King County, Washington. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREHY ORDAIN AS FOLLOWS: Section 1. The City of Kent ("City") authorizes the acquisition by condemnation of a portion of real property located in King County, Washington and legally described in Exhibit A attached hereto and incorporated herein by this reference (hereinafter, the "Property"). Section 2. The public convenience, use and necessity demand that the City condemn the Property in order to acquire an easement for parks and recreation purposes, including improvements for drainage, trails or pathways, sidewalks, landscaping, illumination, electrical facilities, utility adjustments and relocations, and any other municipal purposes that may become necessary from time to time on the Property. Section 3. The City shall condemn the Property only after just compensation has first been made or paid into court for the owner or owners in the manner prescribed by law. 1 Section 4. The City shall pay for the entire cost of the acquisition by condemnation provided for in this Ordinance from the City's Green River Trail Fund or, if necessary, any of the City's general funds, as may be provided by law. Section 5. The City authorizes and directs the City Attorney to commence those proceedings provided by law that are necessary to condemn the Properties. In conducting the condemnation proceedings, the City authorizes the City Attorney to enter into stipulations in order to minimize damages, which stipulations may include, but not be limited to, size and dimensions of the Properties, construction easements and other property interests. Section 7. Any acts consistent with the authority and prior to the effective date of this Ordinance are ratified and confirmed. Section 6. This Ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. DAN VELLEHER, MAYOR ATTEST: JACOBER,''CIVTY CLERK APPROVED AS TO FQ►RM: A. LUBOVICH-;-ICITY 2 PASSED the (G/ _ day of (t , 1992. APPROVED the C:- 1-0 day of c� �_, 1992. PUBLISHED the day of Gtr_ , 1992. I hereby certify that this is a true and correct copy of Ordinance No. .-3 V q q , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. _") ,-i (,�� (SEAL) BRENDA JACOBE$�; CtITY CLERK 3 t?? EXHIBIT A ASA PROPERTY 5-6-92 Phat portion of Section 24, Township 22 North, Range 4 East, aillamette Meridian, in King County, Washington, described as follows: Commencing at the Southwest corner of the S.W. RUSSELL DONATION CLAIM 41, in Section 25, Township 22 North, Range 4 East, Willamette Meridian in King County, Washington; thence North 0445100" West 1,184.50 feet, along the West line said Donation Claim No. 41, to the Northeast corner of certain Tract of land conveyed to Dennis T. Mullen, by deed recorded under Recording No. 3133935; thence North 89415100" West along the North line of said Tract to its intersection with the West margin of Primary State Highway No. 5 (SSR 167), as condemned in King County Superior Court Cause Number 651332, and the true point of beginning; ence continuing North 89415100" West to an intersection with the st bank of the Green River (also known as the White River); thence in a Northerly direction along said East bank to the South (line of a tract of land conveyed to the City of Kent, by deed recorded under Recording No. 7902050116; thence along said South line extended Easterly to the Easterly margin of T.S. Russel Road (also known as Hawley Road); thence Northerly along said Easterly margin to a point on said Easterly margin, which is 852.21 feet North of the North line of said tract of land conveyed to Dennis T. Mullen; thence Northeasterly to a point on the West margin of said primary State Highway No. 5 (SSR 167) which is 926.41 feet North of the North line of said tract of land conveyed to Dennis T. Mullen; thence Southerly along said Westerly margin to the true point of beginning; EXCEPT that portion thereof lying within right-of-way of T.S. Russel Road (also know as Hawley Road); ALSO EXCEPT that portion conveyed to Burdette L. Skinner under King County Auditor's File No. 9007101382; All situate in County of King, State of Washington. 4